Legal Opinion

In Re Martin

United States Bankruptcy Court, C.D. Illinois

Decided July 16, 2007No. 06-71461PublishedCited by 21 opinions

1Opinion of the Court

OPINION

MARY P. GORMAN, Bankruptcy Judge.

This matter comes before the Court upon the United States Trustee’s (“UST”) Motion to Dismiss Pursuant to 11 U.S.C. § 707(b)(1) and (b)(2) (“Motion to Dis miss”). The Court has considered the evidence and the arguments of counsel and finds that the Debtors have established sufficient “special circumstances” to overcome the presumption of abuse upon which the UST relies in seeking dismissal. The UST’s Motion to Dismiss will be denied.

Chad Martin and Jill Martin (“Debtors”) filed their voluntary petition under Chapter 7 of the Bankruptcy Code on October…

2Cases cited12 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  4. In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  5. In Re HamanUnited States Bankruptcy Court, D. Delaware · 2007

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In Re TurnerUnited States Bankruptcy Court, D. New Hampshire · 2007
  2. In Re CribbsUnited States Bankruptcy Court, S.D. Georgia · 2008
  3. In Re PageauUnited States Bankruptcy Court, D. New Hampshire · 2008
  4. In Re VaccarielloUnited States Bankruptcy Court, N.D. Ohio · 2007
  5. In Re SilerUnited States Bankruptcy Court, W.D. North Carolina · 2010

16 more not listed; retrieve them via the Exa API.

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